The National tribune., 1887-06-23

NJ & Army IN which Il Is stated that you approve
the recommendation presumably made NY the sec
reiary OF War ihat all nags IA the custody ol e
War Departmcui be returned To the authorizes oi
the respective States in which regiments which pore
them were organized The circular therenpon
makes tender 81 flags aud closes Win th's langu
"In dseharging this pleasant duty, beg you vii
rlen-e advise me Of your wishes ln TINS matter ~
4 the intention, IN returning each flag, TO give its
history far az it y possible 10 do So stating te
circumstance of it, capture and recovery
While the wording Of this communication j.
somewhat ambiguous the evident lnientloh n ulat
tile batllcfag- oi Confederate regiments eApluieo
lv the f'mion forces during the war OF the rebel
lion shall be returned 20 the authorities OF the
States lately IN rebellion To such action on we
mart OF any 81 ihe Executive officers OF the 6oNern
ment enter my respectful aud most earnest pro
test aud request that YOU reconsider your recon-
pendatious and take no further steps until there
can be such Congressional action a. the present
views of the people may desire deny the legal
right OF thp Executive % make such disposition oI
these trophies-the property oi The United states
hV the highest nature oi ownership and hich ~ ls
the sacred duty Of the War Department 10 saieig
guard Their piii at tliis time 10y way 81 aolosetiS
surrender 10 the States that Eeccdcd ln is0l, uhd
thai ior -four wears were ln armed rebellion against
the Government, waging war with every energy
aud resource possessed by them y beyond Your
Executive power These rcheous States were
tle enelnies of the United States Having seccdcd
from the Iniou. aud being thus engaged. they were
a. 10 u property rights same iu their relation 10
fhe United States. with which power they were al
war as any other hegerrnt. AHitcl has lald down
the rule that when country b. divided "a clAA
each laCilun "a deemed an lhNtlitlAtiiA tis
tionality 80 far az the rules oi warfare are con-
ccmcd. tNuua droit des Eeno, liN. = chapter o.
1iAlleck's International Law, page 'a1 Ahc prop,
erty of the hciilpcreuis d subject 10 SEIZURE hhu
use. The necessity Of sclfprC-oiNatlon Hnd the
right 20 punish enemy aud 90 deprive hlm oi TIE
mclns ol iHiHriug az by converting hi- property lg
our own use lie az the foundation oi the rule hud
constitute lhc right OF tac belligercnis 10 the
encmy's property of any kind. lliaiccks Inter
national Law. page Ais)
ln lhc case of individuals as 10 property not
talycn upon the neld of battle proceedings OF con-
tcmnaiou must be had bat as 20 the State in re-
bellion iiallecl states the law most clearly upon
page 85l Of lac work: "Al movable property Toe.
longing Go tlc hostile State u subject 10 be seized
aud appropriated 60 the use oi the capior, ana the
fte 20 such personal or movable property J. con-
sdered as lost 10 the orgnnl proprietor az soon as
the CaptoT has acquired rm possession, winch, a.
general rule, is considered as taking place aiter
thc lapse o 2i hours 80 that Immediately hIicf the
expiration Of that time u may be aileuated 10 neu-
tlals a. indp feasible properly
The supreme Couri OF the United States has re-
pcatedly recognized the doctrine stated la United
States We Klein, l3 Wallace. page lS6 II says:
" Property ln the lnsurrectiunary States may be
distributed iu four classes First, that which be-
longed 20 the hostile organization oi was employed
in actual hosthles on land second. that which AT
sea became lawful subject OF capture aud prize
third, that which BECAME the subject 81 coniisca-
lion: fourth a peculiar description known only in
the recent war, called captured and abandoned
property, Tho first Of these descriptions of prop
crty. like property of other kinds IN ordinary in
ternailonM war, becomes, whenever tHken' 1'se
Jacio the property ~ tle United states
n tliis absolute title owner rests IN such prop
erty as munitions of war, provisions ana treasure,
how sacred J. the ownership OF the Nation IN the
stained cooFs aud torn flags that were the insignia
OF the power Of thc enemy the symbols That eNct-
ed emulation in heroic achievement, and were the
Taying points oi the rebcllous rcglmental organl-
cations Chat iOulhl TO destroy the Union. IL will
hardly be claimed that the munitions OF war and
treasures captured could be returned at the pleas
OF the Executive, hut 10 the men who rejoice I'm
the victory won and the Nation saved they are
valueless compared with these bettlefiags many
~ which stained In the blood OF the
captors. There WAS no title of ownership under
the rules Of war % much OF the property taken
from individuals during the war. IL was moi war
material owaed by the person or taken from hlm
upon the field OF battle. Vet In every instance
where such property has fallen into the custody Of
tile Executive officers, il has seemed 20 require an
Rct OF Congress 10 restore notable instance Is
that OF the Jewels and adOrnmcnis OF the person
held for 30 mauy years IN the Treasury vaults.
They belonged 10 The individuals claiming them,
and not 90 the Government. Vet no Secretary of
the Treasury presumed their surrender until Con-
resa al IT, last session passed the act authorizing 1t
But even ifthere were legal right TO do this thing
would sliil protest against IT. doing Those who
fought fOr the country have feeling of bitterness
or ll-wll toward those who fought against il.
They have proven 81 IN many ways. The animosi-
tics eng ndefcd by the war have almost passed
away. HHd pr1tcs against action such as tins, the
tendency oi which is 90 revive them. There has
been public demand from States, associations or
indviduals for the return of their captured tro-
phcs when it 81 made will come the time for the
consideration u ihe request. The extinction Of all
sectional feeling is earnestly desired 10y the ex-sol-
ders of thc onion Action such this promotes
81 aud keeps IL alive. n il be right 20 surrender
these captured colors because they serve to recall
the war. thcn should all army organizations be
abandoned. Tho Grand Army Of the Republic, the
Military Order 0f tho Loyal Legion. the Societies
OF the Armies Of the Potomac. the Tennessee and
the Cumberland should cease 90 exist. IL IL he
right TO give these - nlbols OF rebellion into the
hands Of those who once carried them IN hot hatred
.of the bnion. because they are unpleasant remind
ere 81 the past thuu should the bronze statues OF
Thomas ANA Sci heFs0n. Farragut and Dupont be
melted, that tltry might be cnsi IN less heroic mold
No. Jet n1i this surrender be made. The men
who fought fui ,he Union, Ia the language OF Gen.
Grant are not Sc, ready TO apologize for the part
they took in 90, war % the rebellion With every.
thing forgiven and almost forgotten let nt least
ify 90 remember that those who fought Tor the
Union were Forever right aud those who fought Ia
destroy D. WCrU tierHuliy wrong. Again protest
and urge upnn YOU the reconsideration of this
action, which Ii done cannot be undone. j do as
q citizen loving his country and jealous of hei
honor, as "a soldier who took humble part in tit
Gays 81 lhb-tl, as "a senator of the United States
representing constituency which served IN tht
bath0us of every loyal State la the Union. and ~
member al the Committee Military Affairs
deeply dc-irHul Chat the War Department may no
90 grlevou-iH b.uuder
Very respectfully 3, yours, CHAs. i. MANDERsoN